What happens to your NFA stuff when you die?

[Palisut]

Tried searching but haven't seen anything posted about this. Let's say a person has invested in a bunch of NFA firearms, suppressors, maybe machine guns, whatever. They do not have a trust set up. That person passes away, maybe puts the items in their will for their wife or child. Now what? The owner of the items is dead, the items are all locked up in a safe in the residence. Since the family cannot legally possess them, I would ASSume that they would have to surrender them to law enforcement. How would they go about legally obtaining and possessing the items?

Just a grim thought exercise on a boring night at work...

[TR675]

The executor or administrator of the estate is entitled to possession in the interim before distributing them to the heirs. The transfer to the heirs is tax free and done on a form 5. No law enforcement necessary. This is general information only and not legal advice. Your state's laws may have different requirements. If you have (or hell, if you don't have) NFA items and a family you should really reach out to a gun-savvy estate attorney for a consult in any event.


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[fishing]

The executor or administrator of the estate is entitled to possession in the interim before distributing them to the heirs. The transfer to the heirs is tax free and done on a form 5.


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where is this officially stated?
i always thought it was a bit of a grey area and am curious.

[TR675]

ATF publications. Read the NFA Handbook and ATF's FAQs.


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[fishing]

ATF publications. Read the NFA Handbook and ATF's FAQs.


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"Executors and administrators are not required to have estate firearms registered to them prior to distribution
to lawful heirs."

i wonder if an executor can keep and use a decedents nfa stuff for a period of time if they claim they are searching for heirs

[Palisut]

ATF publications. Read the NFA Handbook and ATF's FAQs.

Well I'm new to the NFA world, waiting on stamps for a can and an SBR. Kind of ashamed to admit that I didn't know there was a handbook, I'll be sure to read it. Definitely a good idea to also speak with an attorney who is versed in firearm laws. Thanks for the info.

[TR675]

i wonder if an executor can keep and use a decedents nfa stuff for a period of time if they claim they are searching for heirs

No. It doesn't belong to them. That is asking for all kinds of trouble.

Well I'm new to the NFA world, waiting on stamps for a can and an SBR. Kind of ashamed to admit that I didn't know there was a handbook, I'll be sure to read it. Definitely a good idea to also speak with an attorney who is versed in firearm laws. Thanks for the info.

My pleasure. It is very helpful, if a bit outdated.


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[busykngt]

Yet another reason to get silencers off the NFA list! [emoji106]


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[LittleLebowski]

All your survivors have to do is file a Form 5 and it's fairly painless compared to Form 1s and 4s.

[Hansohn Brothers]

All your survivors have to do is file a Form 5 and it's fairly painless compared to Form 1s and 4s.

Exactly. A better idea to have the form 5s filled out and ready to go before they are actually needed. Keep them with your estate documents. Certainly consult an estate planning attorney.